Oregon Statutes 427.181 – Department of Human Services to contract with organizations providing agency with choice services; contract requirements
(1) As used in this section:
Terms Used In Oregon Statutes 427.181
- Contract: A legal written agreement that becomes binding when signed.
- Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:
(a) Originates before an individual is 22 years of age and is expected to continue indefinitely;
(b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
(c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and
(d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Fraud: Intentional deception resulting in injury to another.
(a) ‘Agency with choice services’ means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:
(A) Training, coaching and other forms of support to the individual on:
(i) Self-direction; and
(ii) The roles and responsibilities of the individual and the agency with choice services provider;
(B) Training, coaching and other forms of support to the individual in the overall management of staff providing direct support services to the individual, including in the recruitment, hiring, scheduling and training of staff, performance assessments of staff and dismissal of staff; and
(C) Other administrative and employment-related supports.
(b) ‘Individual’ means a child or adult with an intellectual or developmental disability, or the representative of the child or adult, who receives in-home services and supports through the Department of Human Services.
(2) The department shall contract with one or more organizations to deliver agency with choice services as a community-based services option under ORS § 427.007 (1)(d).
(3) An organization contracting with the department under subsection (2) of this section shall be expected, at a minimum, to:
(a) Maximize an individual’s self-direction and autonomy by supporting the individual to direct the individual’s staff hired to provide direct support services to the individual and manage the day-to-day services of the individual’s staff hired to provide direct support services to the individual;
(b) Have a commitment to work with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and of individuals’ needs, rights and preferences; and
(c) Have the ability to meet the state’s interest in preventing or mitigating disruptions to individuals’ in-home services and supports.
(4) The department may not contract with an organization under subsection (2) of this section to provide agency with choice services if the owner of or an executive officer of the organization has been convicted of Medicaid fraud in any state within the 25-year period prior to entering into the contract. [2022 c.91 § 1; 2023 c.568 § 1]
427.181 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section 2, chapter 568, Oregon Laws 2023, provides:
The Department of Human Services shall contract with an organization to deliver agency with choice services under section 1, chapter 91, Oregon Laws 2022 [427.181], no later than July 1, 2024. [2023 c.568 § 2]
[Formerly 427.225; 2009 c.595 § 440; repealed by 2013 c.36 § 73]
[1979 c.683 § 10; 2009 c.595 § 441; repealed by 2013 c.36 § 73]
(Paid Parent Providers)